Georgia Injury Law Blog

Published on: October 12, 2023

Spinal Cord Injury Breakthrough Promises Hope for Auto Accident Victims

Victims of car accidents, motorcycle accidents and trucking accidents who have suffered a spinal cord injury may look forward to a day when they can walk independently again thanks to a new breakthrough in research in the field.

Scientists recently announced a breakthrough in their attempts to regenerate axons in persons who have suffered a spinal cord injury. The breakthrough was announced by a team of scientists that included both Swiss and American researchers. According to the team, they found that redirecting regenerated axons to their target regions was more effective in helping along the healing process and aided the recovery of the patient, compared to random regrowth of axons.

Back in 2018, the team had identified that axons which are responsible for communicating transmissions among the nerve cells could be regrown after the damage. However, they found that even when the axons were regrown, it did not really lead to any marked or significant functional recovery for the patient. Now, however, they say that they have found a way to redirect the regenerated axons to their target region, helping restore functional movement. The researchers experimented on mice with spinal cord injury, and found that the mice were actually able to walk independently after the treatment.

Published on: October 10, 2023

Poor Dental Care Affects Health of Nursing Home Residents

by Robert N. Katz, Esq.

Poor dental health, including bleeding gums and cavities have long been known to be a risk factor for general health. A new study finds that far too many residents of nursing homes in Georgia and across the country suffer from poor dental care that also risks their health.

Good oral hygiene and health is essential not just for the average person but also, and especially so, for the elderly. Gum infections, for instance, can cause germs from the infection to travel into the person’s blood stream. It is well documented that the transmission of these germs in the bloodstream can cause heart disease and also increase the risk for other conditions. Additionally, cavities and other types of conditions can make it difficult for a person to chew food properly, placing him at risk of malnutrition. This can have serious consequences in the case of an elderly person.

The study was conducted by dental officers at the Centers for Medicare and Medicaid Services. As part of the study, the researchers focused on the oral health of elderly residents at nursing homes certified with the Centers for Medicare and Medicaid Services. According to the study, as many as 20% of all elderly nursing home residents suffer from missing teeth. While missing teeth or missing tooth fragments was the most widely reported oral health condition, many residents also reported pain and difficulty while chewing, teeth cavities, and broken teeth. The study found that 8% suffered from cavities while 11% reported pain while chewing. Other common problems included damaged or broken dentures and gum infections, typically accompanied by bleeding and inflammation.

Published on: October 6, 2023

Legalization of Marijuana Linked to Increased Risk of Auto Accident Personal Injuries

by Robert N. Katz, Esq.

Georgia continues to criminalize the use and possession of marijuana for recreational use. While there is a very narrow exception for use of marijuana for medical purposes, the statute is not nearly has broad as found in many other states. Accordingly, marijuana is not as readily available in Georgia compared to other states that have fully legalized marijuana for all purposes or fully legalized marijuana to medical use. As the findings of a new study shows, this may be for the good since legalization of marijuana is linked to an increase in the number of auto accident personal injuries.

The information comes from a new study that was conducted in Canada. In 2018, Canada became the second country in the world to legalize the sale of marijuana for recreational purposes. According to the study, that decision has resulted in a significant increase in the number of auto accident injuries that are serious enough to lead to a visit to the emergency room.

The study is quick to affirm that marijuana – related emergency room visits after car accidents are still uncommon, but the percentage of such auto accidents has been skyrocketing since the 2018 legalization of marijuana. According to the study, there has been a 475% increase in car accident personal injuries linked to marijuana use, with the increase being even sharper following the 2018 legalization of marijuana. On the other hand, there has not been a similar increase in the number of alcohol – related car accident personal injuries resulting in emergency room visits during the same period of time.

Published on: October 2, 2023

Federal Government Proposes Increased Nursing Home Staffing Standards

by Robert N. Katz, Esq.

The U.S. Department of Health and Human Services (DHHS) recently announced a proposed rule that would set minimum staffing requirements for nursing homes across the country. Regulators believe that this would help increase standards of care for the elderly and sick at these facilities, and prevent nursing home neglect. Unfortunately, low standards of care often result in falls with fractures, decubitus ulcers (bed sores), amputations and wrongful death.

There are currently more than 1.2 million people who are cared for at one of the country’s 15,000 nursing homes. The standards of care for all these patients would be directly impacted by the new regulation. The US Department of Health and Human Services says that the rule would, for the first time ever in history, propose a minimum staffing requirement for nursing homes. Poor staffing and poorly trained staff is often the main reason persons in nursing homes suffer abuse and personal injuries.

This would include a requirement that the facility have a registered nurse on staff 24 hours a day, every single day. It will also require and set a minimum standard of 3 nursing hours for every resident at the facility. That includes 0.55 hours of care per registered nurse per resident per day and 2.45 hours of care by a nurse aide per resident per day. In addition, nursing facilities may also be required to provide more than the minimum staffing requirements in case of specific patient needs.

Published on: September 29, 2023

Driving Anxiety and the Fear of Car Accidents

by Robert N. Katz, Esq.

The fear of being involved in an auto accident is the number one factor affecting driving anxiety and stress, but there are ways to circumvent these fears. If these fears can be overcome, it will greatly improve the lives of these individuals and is very likely lead to fewer auto accidents.

The Anxiety and Depression Association of America has tips for drivers who want to drive safely and responsibly without letting their fears and anxiety come in the way. Ironically enough, these anxieties and stresses may actually place drivers at a greater risk of being involved in an auto accident. Confidence and calm is key to driving safely and responsibly and when a driver is stressed about being involved in a car accident or losing control of the vehicle, it makes it more likely that he will actually cause a car accident.

According to the Anxiety and Depression Association of America, fear of being involved in a car accident is the number one factor that causes driving anxiety. We live in an age when high resolution images of catastrophic or fatal car accidents are easily available online, and if a person has seen these images, these may flash in his mind when he is driving, causing his or her heart rate to increase and his or her palms to become sweaty.

Published on: September 25, 2023

Increase in Fatal Slip and Fall Accidents Among Seniors

by Robert N. Katz, Esq.

American seniors are suffering slip and fall injuries at much higher rates than just a couple of decades ago. According to a new study, there has been a two – fold increase in the rate of fatal slip and fall accidents involving seniors since 1999.

The study focused on seniors above the age of 65, and found that fatal slip and fall accident rates have risen for both males and females and across all racial groups. The study found that in 1999, there had been 10,100 deaths from slip and fall accidents involving seniors, and in 2020, that number had increased to 36,500. The rate of slip and fall – related deaths involving this very vulnerable age category increased from 29 for every 100,000 persons in 1999 to 69 for every 100,000 persons in 2020.

White males recorded the highest increase with approximately 78 deaths for every 100,000 persons in the year 2020. Death rates also increased for other categories, including Hispanics and African American seniors. Obviously, these results are concerning, and even more so because they do not seem to be talked about enough. Senior slip and fall risks are not much of a priority for health authorities, and the results are clear to see.

Published on: September 21, 2023

Sleep Deprivation Could Increase Car Accident Personal Injury Risks

by Robert N. Katz, Esq.

Too little sleep could increase a person’s risk of suffering not just auto accident – related personal injuries, but also personal injuries from slip and fall accidents as well as personal injuries during sports.

In a new study, researchers focused on 3 different types of personal injuries, including injuries caused in sports, during slip and fall accidents as well as injuries caused when a person is involved in an auto accident, and their link to sleep deprivation. They found that lack of sufficient sleep affected the risk of preventable personal injuries.

The researchers looked at three different categories of sleep – very little sleep which is sleep below 4 hours in duration, short sleep which is sleep of between 5 and 6 hours in duration, healthy sleep which is sleep of between 7 and 8 hours and long sleep which is sleep of greater than 9 hours. They also divided sleep quality into three categories, including the ability to fall and stay asleep, feel refreshed and rested while waking up, and medication use.

Published on: September 19, 2023

Threat of Drunk Driving Auto Accidents Looms Over Labor Day

by Robert N. Katz, Esq.

Statistics from last year show that Labor Day was the second deadliest holiday in the United States in 2022, and this year, with the incidence of drunk driving on the rise, the risk of alcohol – related car accidents has never been higher.

Last year, one study by a car insurance app found that the Labor Day Holiday weekend ranked second only to the Thanksgiving holiday weekend in the number of fatal car accidents recorded. The study analyzed data between 2011 and 2020, and found that the Labor Day holiday was the second most dangerous holiday in the country. Over the study period, the data showed that more than 4000 people were killed in car accidents over Labor Day, many of them caused by drunk drivers. Approximately, 25% of deaths involved teens and young people in their mid 20s. About 70% of this category of drivers were male. The second most at- risk category of drivers during the Labor Day holiday were drivers between the age of 26 and 35.

Drunk driving is likely fueling this increase in car accident deaths. Recent data shows that driving under the influence of alcohol is actually on the increase across the country. Between 2020 and 2021, there was an increase of approximately 14% in fatal alcohol – related car accidents. Overall, there was an increase of approximately 10% in car accident deaths during the same period of time. Clearly, the role of alcohol in causing car accidents is increasing, and this is a cause of concern.

Published on: September 15, 2023

Feds Propose Seatbelt Warning System for Rear Seat Passengers

by Robert N. Katz, Esq.

The federal administration is proposing a new seatbelt warning system that would apply to occupants of the back seat as well as the front seat passenger. It is a move that could significantly help reduce the number of people killed in car accidents on America’s roads every year. It is important to keep in mind that persons in the rear seats are injured in car accidents, especially in rear-end accidents and T-bone accidents.

In 2021, according to the National Highway Traffic Safety Administration Acting Administrator, approximately 43,000 people were killed in car accidents and approximately 50% of them were not wearing seatbelts at the time of the auto accident. Their chances of surviving the crash could have significantly improved had they been buckled in. Unfortunately, the current law only requires seat belt reminder systems for drivers, but has no such requirements for front seat passengers as well as occupants of the rear seat of the car. These people are also at a very high risk of suffering fatal injuries in the event of an auto accident.

The National Highway Traffic Safety Administration recently issued a Proposed Rule which requires motor vehicles weighing up to 10,000 pounds to have seatbelt reminder systems for all passengers in the car, including front seat and backseat passengers. The requirement would require a visual alert that would go on for approximately 60 seconds and would alert the driver to the status of rear seatbelt usage. It would also require an audible alert that would alert the driver when a backseat passenger removes the seat belt while the vehicle is in operation. The rule would also require an audio visual alert system for the right front seat passenger to buckle his seatbelt. Auto manufacturers would have the flexibility to decide how frequently and how loud the audible reminder system should be.

Published on: September 13, 2023

Distracted Pedestrians Have Higher Auto Accident Risks

by Robert N. Katz, Esq.

As we head towards the end of summer, pedestrians walking along Atlanta roads must remember to focus on the task of walking and avoid distractions from their cell phones and other devices to avoid car accidents. Unfortunately, too often pedestrians are seen walking across a street while looking at their cell phones or texting. This type of conduct prevents them from being alert to cars entering their paths, even when the pedestrian has the right of way.

A new study in Australia finds that texting on a cell phone while walking significantly increases a person’s risk of being involved in a pedestrian accident. The researchers divided college students into 3 groups. The first group was asked to text while sitting, while the other group was asked to walk without texting. The third group was made to text while walking on a pathway that was specifically designed for the experiment with tiles that were out of place. Not surprisingly, the researchers found that the group of persons who were texting while walking had their focus impacted by their distraction.

The National Highway Traffic Safety Administration estimates that close to 10% of auto accidents in the United States every year are directly linked to motorists using cell phones while driving. Other studies have found plenty of evidence that distractions also seem to place pedestrians at risk of pedestrian accidents. If you are walking while talking on your cell phone, or listening to music on your headphones, you are less likely to identify an approaching car or spot any other kind of safety cues.